Constructive Dismissal – Importance of Grievance Procedure

Constructive Dismissal arises where an employee resigns from their job. This can be due to a breach of their contract of employment or where it was reasonable for them to resign. Constructive Dismissal is Unfair Dismissal. The key difference is that in a constructive dismissal claim the employee resigns from [...]

By |2019-10-18T10:23:24+00:00September 16th, 2019|latest news|Comments Off on Constructive Dismissal – Importance of Grievance Procedure

Constructive Dismissal – Recent Caselaw from the Employment Appeals Tribunal

The recently published Employment Appeals Tribunal decisions for October again contain a number of cases in respect of constructive dismissal and the tests to be applied. In Brian Butler v Ryanair Limited UD1222/2011 the Tribunal was asked to consider whether the claimant had satisfied the test for constructive dismissal in [...]

Constructive Dismissal Claim and Impulsive Actions

In the recent case of June McGarr v Margaret & Michael Moriarty t/a Moriarty's Centra UD 1363/2011, MN 1463/2011, WT 1547/2011. the Employment Appeals Tribunal was asked to consider whether an employee who had resigned from her employment had been unfairly dismissed. Background The claimant commenced employment with the respondent [...]

By |2019-10-18T10:20:32+00:00September 12th, 2013|Constructive Dismissal, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions August 2013, latest news, Litigation, Unfair Dismissal|Comments Off on Constructive Dismissal Claim and Impulsive Actions

Homophobic working environment leads to award of €24,000 for discrimination and victimisation

In a decision reported in the media today namely An Employee v A Credit Union, an employee was awarded €16,000 in respect of victimisation and €8,000 for discrimination whereby it was alleged he was discriminated against on the grounds of sexual orientation and that he was further victimised in this regard. [...]

By |2019-10-18T10:19:04+00:00January 23rd, 2013|Bullying and Harassment, Constructive Dismissal, Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, Workplace Investigations|Comments Off on Homophobic working environment leads to award of €24,000 for discrimination and victimisation

Constructive Dismissal and the onerous burden of proof

The recent case of Daniel O'Gorman v Glen Tyre Company Limited UD 2314/10 sent by the Employment Appeals Tribunal on 18th January 2013 demonstrates the high burden of proof a resigning employee must demonstrate in order to prove that they have been constructively dismissed. Interestingly in this case the Tribunal noted that [...]

Workplace Investigations – Top Questions Asked

We have outlined below some of the most frequently asked questions we come across during workplace investigations. Over a series of recent blog posts we have highlighted some of the recent case-law in this complex area and we now turn our attention to the more practical challenges out there. Always remember no two [...]

By |2019-10-18T10:17:02+00:00January 18th, 2013|Bullying and Harassment, Grievance, Investigation, Workplace Investigations|Comments Off on Workplace Investigations – Top Questions Asked

Successful Constructive Dismissal Claim – Tribunal question absence of witnesses to refute evidence

The case of Darren Keating v Drycon Limited UD 2007/2010 in last Thursday's roundup of Employment Appeals Tribunal cases was a successful claim by the Claimant for constructive dismissal, which as we know is a very difficult test to satisfy. Background The Claimant commenced employment as an experienced sales representative in [...]

By |2019-10-18T10:16:41+00:00September 8th, 2012|Bullying and Harassment, Constructive Dismissal, Employment Appeals Tribunal Decisions 6th September 2012, Unfair Dismissal|Comments Off on Successful Constructive Dismissal Claim – Tribunal question absence of witnesses to refute evidence